State Liability

Tort Law and Beyond

Carol Harlow

Description

The lectures presented in this volume examine the fast-growing compensation culture and the consequential pressure on courts to widen the range of situations in which individuals can claim damages from the State. Pressure on domestic legal systems has been further increased by transnational courts. Carol Harlow argues that this trend towards judicialization is undesirable, and that greater use should be made of extrajudicial remedies. She contends that the issue of compensation is too important to be left to the courts.

State Liability

Tort Law and Beyond

Carol Harlow

Table of Contents

Introduction: Problem without Solution?1. Corrective Justice in the FrameCorrective JusticeCompensation: towards a tort tax?Culpability and DeterrenceTaking Dicey SeriouslyConclusion2. Tort Law AboundingThe Cascade effect of GlobalizationAccountability through LiabilityResponsibility and LiabilityLiability, Sanction, and the ECJThe Strasbourg Court and Satisfaction: Just or Unjust?Conclusions3. Administrative Compensation: Brave New World?Identifying 'Compensation'Accident CompensationCompensation as Good AdministrationDamages, Human Rights, and CompensationTowards a General Principle?General Conclusion: Collective Consumption ReinstatedAnnex: State
Liability and French Administrative Law